Vitiello v. Robles

Appellate Division of the Supreme Court of New York

Vitiello v. Robles

52 A.D.2d 567, 383 N.Y.S.2d 1020, 1976 N.Y. App. Div. LEXIS 12136

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 29, 1976

StatusPublished

This text of 52 A.D.2d 567 (Vitiello v. Robles) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vitiello v. Robles, 52 A.D.2d 567, 383 N.Y.S.2d 1020, 1976 N.Y. App. Div. LEXIS 12136 (N.Y. Ct. App. 1976).

Pincite

Opinion

Judgment, Supreme Court, Bronx County, entered October 16, 1975, unanimously reversed, on the law and on the facts, and a new trial granted solely on the issue of damages, with $60 costs and disbursements of this appeal to abide the event, unless the plaintiff-respondent within 20 days of service upon him by the defendants-appellants of a copy of the order entered herein, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $65,000 and to the entry of an amended judgment in accordance therewith. If the plaintiff-respondent consents to the reduction, the judgment as so amended and reduced, is affirmed, without costs or disbursements. The amount awarded by the jury was excessive and a judgment exceeding the amount indicated is not warranted on this record. Concur—Stevens, P. J., Markewich, Birns, Silverman and Nunez, JJ.

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Judgment, Supreme Court, Bronx County, entered October 16, 1975, unanimously reversed, on the law and on the facts, and a new trial granted solely on the issue of damages, with $60 costs and disbursements of this appeal to abide the event, unless the plaintiff-respondent within 20 days of service upon him by the defendants-appellants of a copy of the order entered herein, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $65,000 and to the entry of an amended judgment in accordance therewith. If the plaintiff-respondent consents to the reduction, the judgment as so amended and reduced, is affirmed, without costs or disbursements. The amount awarded by the jury was excessive and a judgment exceeding the amount indicated is not warranted on this record. Concur—Stevens, P. J., Markewich, Birns, Silverman and Nunez, JJ.

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Bluebook (online)

52 A.D.2d 567, 383 N.Y.S.2d 1020, 1976 N.Y. App. Div. LEXIS 12136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vitiello-v-robles-nyappdiv-1976.